By
Roberta M. Gubbins
Legal News
The Ingham County Bar Association’s Criminal Law Section held its first fall meeting on Friday, September 13th at the State Bar of Michigan. The topic was Personal Protection Orders (PPO) and the speakers were Carrie E. Huff, Alane & Chartier, PLC and James L. Pettibone, Ingham County Prosecutor’s Office.
Huff, Alane & Chartier, began her discussion of Personal Protection Orders (PPO) saying that the 54-B District Court Judge Richard D. Ball hears the majority of PPO hearings on Friday mornings at the Ingham County Circuit Courthouse in Lansing.
“It is a cattle call system,” Huff said, “all the cases are scheduled at 8:30 and you’re going to sit and wait. If you know that your hearing (on a motion to rescind, modify or terminate an order) is going to go longer than a half hour, Judge Ball will ask you to schedule a later time in his courtroom in East Lansing.”
What is a Personal Protection Order?
The most common types of PPO’s are the domestic and the stalking PPO, Huff explained. The big difference is whether there is a domestic relationship. The statute definition, “is very broad, so you have some arguments there.”
It is important to distinguish the type of PPO because “of the standards. I think it is easier standard to obtain a Domestic PPO, because you only have to show ‘reasonable cause.’” With a Stalking PPO it is necessary to show that there were two separate and non-continuous acts.
Who are the parties?
In every PPO, the Petitioner is the party seeking the PPO and the Respondent is the party against whom the order is sought. While the burden of proof is on the Petitioner, “Judge Ball will have the Respondent present their case first.”
“PPOs are civil,” said Huff, “although they have criminal overtones.” Because they are civil, the rules of discovery apply and “you will probably take depositions and issue subpoenas.” The time frame is short, she noted, so practitioners will have to work fast.
There are PPO forms published by the State Court Administrator’s Office (SCAO), however, Huff advised expanding on the form. “You need to put in affidavits of witnesses, if available, and verified statements and attach them to the forms.” There is no court fee for PPO litigation.
Enforcement of Personal Protection Orders
Pettibone took up the discussion of enforcement explaining that, generally, it is the Prosecutor who handles the PPO violations. In Ingham County, “it’s the prosecutors in the Family Division who handle these hearings.”
PPO enforcement can be started by the Petitioner filing a motion or by a law enforcement officer who may arrest the respondent named in a PPO if there is reasonable cause to believe the order has been violated. Once the person is arrested, they must be brought before the family division of the circuit court within 24 hours. If they are in custody, the hearing must be within 72 hours unless extended by the court.
Petitioners can file a motion, supported by an affidavit, to have the respondent found in contempt. The Respondent must be served at least 7 days before the hearing by personal service. At the initial hearing, the court tells the Respondent of the violation and the right to attorney. There is no right to a jury trial and the burden of proof is beyond a reasonable doubt in criminal contempt.
If convicted, the sentence is 93 days and a fine of not more $500.00.
The family division of circuit court has jurisdiction to conduct contempt proceedings based upon a violation of PPO issued by any other circuit court in the state or a foreign PPO.
Huff added, “You can go anywhere to get a PPO. It (the action) does not have to take place where the Petitioner or the Respondent reside.”
For those doing court appointed work, said Pettibone, “there are some enforcement issues that are unique to Ingham County. For example, call the issuing Judge’s Clerks to get the paperwork for the PPO violation hearings, which they will have on Wednesdays.”
As to the issue of double jeopardy, he said, “if there is a companion criminal case arising out of the same incident, our office will generally ask for an adjournment of the PPO violation hearings.”
In conclusion, Huff noted that Ingham County provides a PPO office on the third floor of the courthouse. The staff there will assist individuals to obtain a PPO. The service is free.
The next Criminal Law Section meeting will be on October 4th at 9:00 a.m. at the State Bar of Michigan. The topic is Forensic Interviewing of Children.
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